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District Court (Cal.) Says Debt Collector’s Validation Properly Identified Original Creditor

by Scott J. Hyman |

In Henson v. Nationwide Credit, No. CV 20-11402 PA (MRWx), 2021 U.S. Dist. LEXIS 68689 (C.D. Cal. Apr. 7, 2021), Judge Anderson dismissed an FDCPA case challenging a debt collector’s disclosures in its validation letter. In determining whether conduct violates [the FDCPA, courts within the Ninth Circuit] undertake objective analysis of the question whether the 'least sophisticated debtor would likely… Read More

6th Cir. Says Student Loan Rehabilitation Company Was Not a Debt Collector Under FDCPA Because the Loans Were Not in Default at the Time of Assignment

by Scott J. Hyman |

In Willison v. Nelnet, Inc., No. 20-3538, 2021 U.S. App. LEXIS 8921 (6th Cir. Mar. 25, 2021), the Court of Appeals for the 6th Circuit found that a student loan rehabilitation company was not subject to the FDCPA. Uncontradicted evidence clearly shows that Nelnet obtained Willison's loans for servicing after they were no longer in default. Willison participated in the… Read More

District Court (Wis.) Says FDCPA Art. III Standing Tied to Damages Fairly Traceable to the Defendant’s Misconduct

by Scott J. Hyman |

In Johnson v. Heuer Law Offices, No. 19-CV-1171-JPS-JPS, 2021 U.S. Dist. LEXIS 56709 (E.D. Wis. Mar. 25, 2021), Judge Stadtmueller granted summary judgment to a debt collection law firm who was alleged not to have “meaningful involvement” in the sending of dunning letters.  The Judge Stadmueller held that although the Plaintiff clearly had emotional distress tied to the law firm’s… Read More

District Court (New Jersey) Holds Name of Debt Collector Visible Through Glassine Window Not a Violation of the FDCPA Where an Internet Search Would Disclose The Debt Collector Was in The Debt Collection Business

by Scott J. Hyman |

In Valentine v. Unifund CCR, Inc., 2021 U.S. Dist. LEXIS 44747, the court granted a motion to dismiss on the putative class action claim that the debt collector’s name being visible through a glassine window violated the FDCPA’s prohibition on using a debt collector’s name unless the name does not indicate it is in the debt collection business: As discussed,… Read More

3rd Circuit Court of Appeals Upholds Summary Judgment Ruling In Favor of Law Firm and Holds Letter Inviting to Call “Eliminate Further Collection Action” Does Not Run Afoul of FDCPA

by Scott J. Hyman |

The 3rd Circuit upheld a summary judgment ruling that dismissed a putative class action against a law firm: Candace Moyer brought a putative class action against Patenaude  &  Felix,  A.P.C.  under  the  Fair  Debt  Collection Practices Act (“FDCPA”) after Patenaude sent her a collection letter inviting her to “eliminate further collection action” by calling  Patenaude.  Moyer  claimed  that  this  invitation … Read More

District Court (Ga.) Refuses to Enforce FDCPA’s Venue Provision for Commercial Transaction

by Scott J. Hyman |

In Iou Cent., Inc. v. Shore Appliance Connection Inc., No. 1:20-cv-2367-MLB, 2021 U.S. Dist. LEXIS 50674 (N.D. Ga. Mar. 18, 2021), Judge Brown found the FDCPA’s venue provision inapplicable to a dispute because the transaction was commercial and not consumer. Shore Defendants argue the applicable statute is the venue provision in [*6]  the Fair Debt Collection Practices Act ("FDCPA"): 15 U.S.C.… Read More

Court of Appeals for the Ninth Circuit Holds Plaintiff Need Not Prove Debt Collector Knew Debt Was Time-Barred When Collection Suit Filed, But Debt Collector Can Invoke Bona Fide Error Defense as to the Statute of Limitations

by Scott J. Hyman |

In Kaiser v. Cascade Capital, LLC, 2021 U.S. App. LEXIS 6754, the Ninth Circuit Court of Appeals reversed the ruling of the District Court for the District of Oregon that granted a motion to dismiss where the District Court reasoned the debt collector did not violate the FDCPA prohibitions on attempting to collect on a time barred debt because the… Read More

CFPB Issues Small Entity Compliance Guide for October 2020 Debt Collection Rule

by Scott J. Hyman |

On January 15, 2021, the Consumer Finance Protection Bureau (CFPB) issued a small entity compliance guide summarizing the October 2020 debt collection rule. The small entity compliance guide is available here. Earlier, the October 2020 debt collection rule amended Regulation F to implement most of the Fair Debt Collection Practices Act’s (FDCPA), including, among other things, communications in connection with… Read More

6th Circuit Court of Appeals Joins 7th Circuit in Rejecting “Benign” Language Exception to 15 USC § 1692f(8), Contrary to the 5th and 8th Circuits.

by Scott J. Hyman |

In Donovan v. FirstCredit, Inc., No. 20-3485, 2020 U.S. App. LEXIS 39798 (6th Cir. Dec. 18, 2020) the Court of Appeals for the 6th Circuit reversed the trial court’s ruling granting FirstCredit’s motion for judgment on the pleadings and in doing so, rejected a “benign language” exception to 15 U.S.C. § 1692f(8) of  the Fair Debt Collection Practices Act (“FDCPA”).… Read More

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